Article 184(3) of Pakistan Constitution: A Comprehensive Overview

Article 184(3) of the Constitution of Pakistan grants the Supreme Court the power to enforce fundamental rights in matters of public importance. It plays a crucial role in judicial activism and ensures justice for the people of Pakistan.

What is Article 184(3)?

Article 184(3) states that:

“The Supreme Court shall have the power to make an order of the nature mentioned in Article 199 in any case of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II.”

Key Elements of Article 184(3)

1. Supreme Court’s Original Jurisdiction: The Supreme Court can directly hear cases without them being referred by lower courts.
2. Public Importance: The matter must be of concern to the general public and not an individual dispute.
3. Enforcement of Fundamental Rights: The petition must relate to the violation or protection of fundamental rights mentioned in Chapter I of Part II of the Constitution.

Importance of Article 184(3)

1. Ensures Justice: It allows the Supreme Court to intervene in cases where fundamental rights are being violated.
2. Judicial Activism: The Supreme Court has used this article to address human rights violations, corruption cases, and constitutional issues.
3. Protection of Fundamental Rights: It serves as a legal safeguard for citizens against unconstitutional actions by the government.

Famous Cases Under Article 184(3)

1. Benazir Bhutto Case (1988)

The Supreme Court ruled on fundamental rights regarding freedom of expression and fair trial.

2. Panama Papers Case (2017)

The Supreme Court disqualified Prime Minister Nawaz Sharif for not being Sadiq and Ameen under Article 62 and 63.

3. Lal Masjid Case (2007)

The court intervened in the case regarding extrajudicial killings and state actions against civilians.

Criticism of Article 184(3)

1. Lack of Appeal Mechanism: Decisions under Article 184(3) cannot be challenged in a higher court, leading to concerns about judicial overreach.
2. Selective Use: Some critics argue that the Supreme Court selectively applies this article, often in politically sensitive cases.
3. Judicial Overreach: The extensive use of Article 184(3) sometimes leads to interference in the executive and legislative branches.

Conclusion

Article 184(3) is a powerful legal tool that ensures justice and protection of fundamental rights in Pakistan. While it has been instrumental in landmark cases, concerns regarding its misuse and lack of appeal mechanism need to be addressed through judicial reforms.

For more insights on legal matters, visit ApnaQanoon.com.